Title 36A, Housing; Lottery and Games; Environment

(1) If a city, county or government agency requires a site soil analysis and site recommendation report as a condition of approval for issuance of a building permit for a residence for human habitation, and the analysis and report identify the presence of highly expansive soils, …

(1) After considering the recommendations of the Indoor Air Pollution Task Force, and as expeditiously as possible, the Director of the Department of Consumer and Business Services shall adopt ventilation standards for public areas and office workplaces that are at least equivale…

(1) The State Department of Geology and Mineral Industries shall establish the parameters of the area of expected tsunami inundation based on scientific evidence that may include geologic field data and tsunami modeling. (2) The governing board of the State Department of Geology …

(1) As used in this section, unless the context requires otherwise: (a) “ASCE” means the American Society of Civil Engineers. (b) “ASCE 7” means the ASCE Minimum Design Loads and Associated Criteria for Buildings and Other Structures that appear in the Oregon Structural Specialty…

(1) For the purposes of enforcement of this chapter the building inspector or any person appointed by the Department of Consumer and Business Services, after showing official identification and, if necessary, a warrant issued to the building owner or agent of the owner under subs…

(1) All buildings or portions thereof which are determined after inspection by a building inspector or a representative of the Department of Consumer and Business Services to be in unsafe condition as a result of earthquake damage may be declared to be a public nuisance and shall…

A person may not: (1) Violate, or procure or assist in the violation of, any final order of the Director of the Department of Consumer and Business Services, an advisory board, a state administrative officer or any local appeals board, building official or inspector, concerning t…

A person may not: (1) Perform work without appropriate licensing, certification or registration or employ, allow, permit or suffer individuals to perform work for the person without appropriate licensing, certification or registration. (2) Advertise or otherwise hold out as being…

(1)(a) A person may not employ an individual to perform specialty code inspections in any specialty area unless the individual has a license issued in that specialty area under ORS 455.457. (b) A person may not engage in specialty code inspections without having a license issued …

In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services by rule shall establish a licensing system for persons that perform specialty code inspections or plan reviews and for businesses that employ persons …

(1) A person shall not inspect or review any project or installation in which the person, employer of the person or relative of the person has any financial interest or business affiliation. A person designated under ORS 455.465 (1)(a) may not perform both the inspection and plan…

(1) The Director of the Department of Consumer and Business Services, by rule, shall develop quality control procedures for the activities of specialty code inspectors, plan reviewers and businesses that employ specialty code inspectors and plan reviewers licensed under ORS 455.4…

(1) In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under this chapter and ORS chapters 447 and 479, with respect to specialty code inspectors, plan reviewers and businesses that employ specialty code inspec…

(1) In administering a building inspection program, the Department of Consumer and Business Services or a municipality shall: (a) Designate at least three persons licensed under ORS 455.457 from whom the department or municipality will accept plan reviews; or (b) Contract with a …

(1) As used in this section, “essential project” means a: (a) State owned or operated development; (b) Development of industries in the traded sector as defined in ORS 285A.010 for structures more than 100,000 square feet in size; (c) Project in an industrial site listed by the O…

(1) Except as provided in subsection (2) of this section, for specialty code plan reviews of simple low-rise residential dwellings, the Department of Consumer and Business Services or a municipality that administers a building inspection program under ORS 455.148 or 455.150 shall…

A transaction conducted through a state or local system or network that provides electronic access to building codes information and services is exempt from any requirement under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945 and 480.510 to 480…

A municipality shall add to and make a part of its building inspection program under ORS 455.148 or 455.150 the policies and ordinances adopted by the municipality to implement ORS 455.465 and 455.467. [1999 c.1045 §22; 2001 c.573 §14] Note: See note under 455.455.

(1) Fee amounts shall not be established by the Director of the Department of Consumer and Business Services or any municipality for fees charged by persons licensed under ORS 455.457. (2) Fees charged by a person licensed under ORS 455.457 shall include a surcharge equal to the …

All moneys received by the Department of Consumer and Business Services pursuant to ORS 455.457 and 455.471 shall be paid into the State Treasury and credited to the appropriate specialty code account under this chapter or ORS 479.510 to 479.945. All moneys deposited in the accou…

(1) An applicant for a building permit may appeal a decision made by a building official under authority established pursuant to ORS 455.148, 455.150 or 455.467. The following apply to an appeal under this subsection: (a) An appeal regarding the interpretation or application of a…

A person carrying on, conducting or transacting specialty code inspections or plan reviews or a business employing specialty code inspectors or plan reviewers may not maintain any suit or action relating to specialty code inspections or plan reviews in any of the courts of this s…

Nothing in ORS 455.455 to 455.477 and 455.897 and section 10, chapter 1045, Oregon Laws 1999, applies to special inspections as described in each specialty code as adopted by the Director of the Department of Consumer and Business Services. [1999 c.1045 §27] Note: 455.479 and 455…

Nothing in ORS 455.455, 455.457, 455.459, 455.461, 455.467, 455.475 or 455.477 is intended to limit, supersede or otherwise affect the rights, obligations or professional activities of an inspector engaged in the business of providing prefabricated structure plan approvals and in…

(1) The Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt rules to make electrical code plan review mandatory only for complex structures located in jurisdictions that offer electrical code plan review services. (2) …

(1) When adopting the state building code, the Director of the Department of Consumer and Business Services shall give special consideration to the unique needs of construction in rural or remote parts of this state. (2) Notwithstanding any description of State Fire Marshal dutie…

(1) As used in this section: (a) “Alteration” means any construction or renovation to an existing structure other than a repair or addition to the existing structure. (b) “Construction permit” means a building permit or a permit for electrical work, mechanical work or plumbing wo…

The Legislative Assembly finds and declares that: (1) The use of a consensus-based expedited review system for the uniform statewide adoption, implementation, application and enforcement of certain state building code requirements to promote energy efficiency and energy conservat…

(1) There is established a Construction Industry Energy Board, consisting of 11 members. The membership shall consist of the following: (a) Two members selected by the Electrical and Elevator Board from the members of the Electrical and Elevator Board who have practical experienc…

(1) The Construction Industry Energy Board may evaluate and approve or disapprove proposed state building code standards relating to the energy use and energy efficiency aspects of the electrical, structural, prefabricated structure and low-rise residential specialty codes. The p…

(1) The Director of the Department of Consumer and Business Services, in consultation with the appropriate advisory boards, shall adopt, amend and administer a code separate from the state building code, to be known as the Reach Code. The director shall design the code to increas…

The Director of the Department of Consumer and Business Services, subject to the approval of the appropriate advisory boards, shall adopt rules establishing uniform energy conservation standards for inclusion under the state building code. The director shall design the energy con…

(1) As used in this section, “energy efficiency” means the use of construction and design standards, construction methods, products, equipment and devices to increase efficient use of, and reduce consumption of, electricity, natural gas and fossil fuels in buildings undergoing ne…

(1) In the manner provided in ORS chapter 183 for the adoption of rules and after consideration of available technology and costs, the Building Codes Structures Board and the Residential and Manufactured Structures Board, or the Construction Industry Energy Board, may make recomm…

The Building Codes Structures Board and the Residential and Manufactured Structures Board, or the Construction Industry Energy Board, may: (1) Apply for and receive moneys from any person, from the federal government, from this state or from any state agency or department. (2) Co…

(1) The Department of Consumer and Business Services shall, after obtaining approval from the appropriate advisory board and as the department’s responsibilities relate to efficiency or resiliency in buildings: (a) Exercise any and all authority and discretion the department has …

As used in ORS 455.560 to 455.580, unless the context requires otherwise: (1) “Department” means the Department of Consumer and Business Services. (2) “Director” means the Director of the Department of Consumer and Business Services. (3) “Person” means an individual, partnership,…

It is the purpose of ORS 455.560 to 455.580 to promote, encourage and require measures to conserve energy in public buildings. [Formerly 456.744]

(1) After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in this chapter, shall establish maximum lighting standards for public buildings construct…

(1) Public buildings constructed on or after January 1, 2010, or on which outdoor lighting fixtures attached to the building are replaced on or after January 1, 2010, shall have installed to the greatest practicable extent shielded lighting fixtures for outdoor use. (2) Notwithst…

After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in ORS chapter 183, shall establish advisory maximum lighting standards for public buildings c…

The powers and duties given the Director of the Department of Consumer and Business Services by ORS 455.560 to 455.580 shall be in addition to, and not in derogation of, all other powers, duties and responsibilities vested in the director. [Formerly 456.749]

The State Treasurer is authorized to establish an Energy Efficient Construction Account for the purpose of providing energy engineering and technical assistance studies to state and other public buildings. Moneys credited to this account from payments for energy engineering or te…

(1) The Director of the Department of Consumer and Business Services shall adopt, and amend as necessary, a Low-Rise Residential Dwelling Code that contains all requirements, including structural design provisions, related to the construction of residential dwellings three storie…

(1) As used in this section, “small home” means a dwelling that is not more than 400 square feet in size. (2) The Director of the Department of Consumer and Business Services shall adopt construction standards for small homes for incorporation into the state building code. The co…

Notwithstanding ORS 447.020, 455.715 to 455.740, 479.810 (3) or 479.855, the Department of Consumer and Business Services shall adopt education, training and examination requirements that allow certification of inspectors to perform inspections on one and two family dwellings und…

The Director of the Department of Consumer and Business Services shall, by rule, adopt: (1) A list of information required for low-rise residential dwelling building permits; and (2) A priority schedule for low-rise residential dwelling inspections and plan review requirements. […

The Director of the Department of Consumer and Business Services shall adopt, amend or repeal the state building code as necessary to establish viable standards for providing advanced telecommunications and cable service technology to newly constructed low-rise residential dwelli…

The Department of Consumer and Business Services, in consultation with the Residential and Manufactured Structures Board, shall adopt rules to create a mandatory random inspection program for minor electrical installations made by electrical contractors in low-rise residential dw…

(1) The Department of Consumer and Business Services or a municipality administering and enforcing a building inspection program under ORS 455.148 or 455.150 may not require a plan review for one and two family dwellings that are of conventional light frame construction, as defin…